Bankruptcy Code's Impact: Concerns Over Resolution and Recovery

Bankruptcy Code's Impact: Concerns Over Resolution and Recovery.webp

New Delhi, March 25 The Insolvency and Bankruptcy Code has failed to achieve its intended purpose, as tribunals with limited capacity have been unable to ensure timely resolution of matters, opposition members said in the Lok Sabha on Wednesday.

Participating in the debate on the Insolvency and Bankruptcy Code (Amendment) Bill, 2025, which has been re-introduced based on the recommendations of a select committee of the lower house, opposition members also claimed that the code has become a tool to "rip off" the assets of entities.

TMC's Saugata Roy claimed that both the judiciary and the executive have undermined insolvency resolution in the country.

He said the National Company Law Tribunal (NCLT) has "limited capacity," leading to delayed resolution of cases.

He also alleged that the law on fugitive offenders is weak, thus, failing to serve its purpose.

D Prasad Rao of the TDP flagged delayed resolutions but said the amendments in the insolvency and bankruptcy law would ensure faster settlements.

K Veeraswamy of the DMK was of the opinion that the insolvency code has become a tool to "rip off" the assets of companies by finding flaws in the insolvency ecosystem.

Like others, he too flagged delays on the part of tribunals to settle disputes.

The government has been trying to resolve several challenges, including timelines for resolutions and liquidations, resulting in value deterioration, low recoveries for creditors, and capacity constraints at the NCLT.

The select committee in its report has sought to address some of these key challenges relating to delays in resolution and liquidation, and low recovery rates.
 
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asset recovery bankruptcy corporate insolvency creditor recovery financial law government policy india insolvency and bankruptcy code legal disputes liquidation lok sabha national company law tribunal (nclt) resolution process select committee tribunal delays
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